As the popularity of mediation increases, it becomes increasingly important for mediation advocates to know what they are getting into. No single mediator or mediation session is the same as another. The flexibility of mediation is one of its strengths because for every dispute, there will be a variety of mediation alternatives. The only uniformity

In a recent article entitled Gerry Spence, Marshall McLuhan, and What Lawyers Do In Mediation (https://www.mediate.com/articles/PressmanA1.cfm) noted mediator Arthur Pressman details the different roles available to attorneys in mediation. He compares the popular US-style mediation to what he calls the “international-style” mediation in Europe. At the Vienna IBA/VIAC Joint Mediation Competition (VIAC is

Every mediation is nothing more than a “facilitated negotiation.”  The mediator attempts to identify the different negotiation styles to determine whether they are compatible or adversarial.  Obviously, if the styles are adversarial, the work of the mediator is more difficult.

Here is a summary of three common negotiation styles. Negotiators would be well served to